Voyeurism Charges Defence Lawyer in London
We defend voyeurism charges laid by the London Police Service.
Anyone charged with voyeurism under s. 162 (1) of the Criminal Code should hire a criminal defence lawyer immediately for representation. All forms of voyeurism charges carry a maximum possible sentence of 5 years in prison and a criminal record. Non-Canadian citizens will likely be deported by IRCC if sentenced to more than 6 months in jail.If the alleged acts of voyeurism took place in London, the charges will be laid by the London Police Service (LPS). The accused will receive a court date at the courthouse located at 80 Dundas St, London, ON. Most first appearances are held in courtroom 4. This information will be printed on the Undertaking (Form 10) or Release Order (Form 11) that is provided to the accused.
The accused will also be fingerprinted or receive a future fingerprinting date as part of the arrest process. Those released from the police station on an Undertaking will be given a future date to attend for fingerprints.
The offence of voyeurism is codified in Section 162 (1) of the Criminal Code, which reads:
Voyeurism
162 (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if
(a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;
(b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or
(c) the observation or recording is done for a sexual purpose.
The most obvious cases involve the use of hidden cameras in bathrooms, dressing rooms, bedrooms and other places where privacy is expected. Charges can also result from allegations of taking inappropriate pictures/videos of people in public places. This includes upskirt, downblouse, and other forms of “creep shots”.
Since the legal definition of voyeurism is somewhat open ended, the police may lay charges in circumstances that would not support a conviction at trial. For this reason, it is essential that the accused hire a criminal defence lawyer with experience defending voyeurism charges in court.
Defending voyeurism charges in court by challenging the applicability of the Criminal Code to the alleged acts.
It is a question of law whether what the police allege occurred constitutes criminal voyeurism. It is up to the court to decide whether the accused acted “surreptitiously”, whether the alleged victim was in circumstances that gave rise to a “reasonable expectation of privacy”, and if necessary whether the recording or viewing was done “for a sexual purpose”.London Police may take the position that all of these are true with very little investigation or consideration of other possible alternative explanations. The accused is often just assumed to be a voyeur because people found him “creepy”.
A judge hearing all of the evidence in court may see things differently and conclude that no crime occurred. For example, someone who is obviously taking pictures with their phone may argue that this is not “surreptitious” at all depending on the context. If the accused remains silent, the police may lack evidence that their actions were “for a sexual purpose”, which is required if prosecuting under s. 162 (1)(c).
The offence of voyeurism does not equate to looking creepy with a phone in your hand.
It is easy to be accused of taking pictures/media in public without permission for a sexual purpose. Often the accused is alone and minding their own business at the time.
Public voyeurism allegations usually occur where people may be dressed in swim or sportswear like at splash pads, the gym, public pools, parks, and beaches. Charges are also laid for people acting “creepy” around mall escalators, stairs, and on public transit. The component of “for a sexual purpose” is often just assumed without any corroborating evidence whatsoever.
The police may even lay charges before conducting a search of the cell phone to determine whether the accused even took photos/videos or not. Upon laying charges, the police will often publicly release the name/picture of the accused to the media. In Ontario, some wrongfully arrested people have sued the police for prematurely charging and publicly naming (shaming) them before even searching their device for hard evidence.
The identity of the real perpetrator may be difficult to determine in hidden camera cases.
If a hidden camera is found in a bathroom, shower, or change room, it may be difficult for the police to prove their suspect actually put it there (absent a confession). Sometimes all of their evidence is circumstantial as to who planted the device (especially if the accused remains silent).
In the London area it is not uncommon for numerous people to share living arrangements, particularly in the immigrant communities (students, work permit, PR holders). Not only are there other people living in the home that could be responsible, any guests that they invite over could also be the real culprit.
If the Crown Attorney has no reasonable prospect of conviction, they may withdraw voyeurism charges to avoid losing at trial.
Don’t assume that you will be found guilty of voyeurism just because the police have charged you with it. The police often lay charges on who they think is a very logical suspect, but without hard proof that would stand up in court at trial. Hiring a criminal defence lawyer to review the disclosure (evidence) in light of the previous case law may uncover that the Crown has no ability to prove you guilty in court.
If the Crown agrees their evidence is weak, they may drop or withdraw the charges because they have no reasonable prospect of conviction. The defence can point out weaknesses and problems with the Crown’s case in front of a judge during the judicial pre-trial (JPT). This can sometimes motivate the Crown to drop the charges, particularly if the judge agrees with the defence.
If the case goes to a trial, the accused will be acquitted unless all elements of the offence have been proven beyond a reasonable doubt. In voyeurism cases, the burden of proof on the Crown can sometimes be difficult to meet.
If you or someone you are looking to help has been charged with voyeurism, give us a call today at 647-228-5969 for a free case evaluation and quote.
You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with voyeurism throughout Ontario, Canada.
Have a skilled criminal lawyer who focuses on voyeurism defence law in London court protect you and your future from the stigma and consequences of a criminal record and conviction.
- Flat fee pricing
- 99%+ non-conviction success rate
- U.S. travel advice and information
- Help with related immigration/IRCC issues
- Employment background check advice/services
- Fingerprints and records destruction services
- Clear goals of getting charges dropped and bail conditions varied without a trial
- Vulnerable Sector records suppression help
- Experienced, focused counsel
- Get Charges Dropped
- Domestic Charges
- Victim Affidavit Services
- Criminal Records
- Immigration/IRCC Issues
- U.S. Travel Effects
- What is Evidence?
- Criminal Undertakings
- Release Order
- Suspended Sentence
- Absolute/Conditional Discharges
- Bail Hearings
- Criminal Sentencing
- Pleading Guilty
- Peace Bonds
- Parole
- Insanity Defence
- Legal Aid
- Police Investigations
- Restitution
Common Charges Defended:
- Theft Under $5000
- Mischief
- Assault
- Uttering Threats
- Shoplifting
- YCJA Youth Charges
- DUI
- Child Pornography
- Sexual Assault/Rape
- Murder
- Breach of Undertaking
- Prostitution
- Drug Charges
If you are not a paying client, we cannot answer questions and provide assistance about avoiding jail and/or a criminal record, employment background checks, IRCC/immigration applications and status, or travel to the U.S. in the future. This includes those who have already retained other counsel and those whose cases have already been completed.
We only can respond to calls and emails relating to current Ontario criminal cases. Please see our FAQ for a listing of the courthouses we service.
Are you a lawyer? If you are defending a criminal case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.
Please note: We do not
accept legal aid certificate cases. All clients are handled on a private
retainer only.
Criminal Information:
- Domestic Charges
- Victim Affidavit Services
- Criminal Records
- Immigration/IRCC Issues
- U.S. Travel Effects
- What is Evidence?
- Criminal Undertakings
- Release Order
- Suspended Sentence
- Discharges
- Bail Hearings
- Criminal Sentencing
- Pleading Guilty
- Peace Bonds
- Parole
- Insanity Defence
- Legal Aid
- Police Investigations
- Restitution
Charges Defended:
- Theft Under $5000
- Mischief
- Assault
- Uttering Threats
- Shoplifting
- YCJA Youth Charges
- DUI
- Child Pornography
- Sexual Assault/Rape
- Murder
- Breach of Undertaking
- Prostitution
- Drug Charges
- Flat fee pricing
- 99%+ non-conviction success rate
- U.S. travel advice and information
- Help with related immigration/IRCC issues
- Employment background check advice and services
- Fingerprints and records destruction services
- A clear goal of getting the charges dropped without a trial
- Vulnerable Sector records suppression help
- Timely resolutions
- Lawyer/client privilege
- Experienced, focused counsel